ORDER :

1. The prayer of the petitioner reads as under:

“(B) YOUR LORDSHIPS may be pleased to issue writ in nature of mandamus of any other appropriate writ, order or direction directing the respondents to make necessary variation in the Preliminary Town Planning Scheme No.44 (Jahangirabad) for corecting area of the Block No.128- Original Plot No.35 as that of 18,211 Sq. Mtrs. Instead of 16,233 Sq. Mtrs. and consequently for increasing area of corresponding Final Plot/s proportionately to be allotted to the petitioners.

AND/OR IN THE ALTERNATE

YOUR LORDSHIPS may be pleased to issue writ of mandamus or a writ in nature of mandamus of any other appropriate writ, order or direction quashing and setting aside the Notification dated 26.09.2013 (Annexure-””K”) of the State Government

2. Facts in brief are as under:

3. The petitioners are the owners in possession of land bearing block No.128 of village:Jahangirabad admeasuring 20740 square meters. The Surat Municipal Corporation declared its intention to make a draft Town Planning Scheme No.44 on 07.01.2000. The State Government sanctioned the draft town planning scheme under the provisions of Section 48(2) of the Gujarat Town Planing and Urba